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(영문) 창원지방법원 진주지원 2017.10.25 2017고단623

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking) from the Changwon District Court's Jinju branch on December 10, 2007, and a summary order of KRW 2 million for the same crime in the same court on January 31, 2011, respectively.

On August 2, 2017, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.207% at around 06:25 on August 2, 2017, was driving a motor vehicle under the influence of alcohol in violation of the provision prohibiting driving of BK5 on at least two occasions at the section of approximately 400 meters from the village under the influence of the Hai-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri,

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (compact filing of summary orders);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;